Trump’s Denaturalization Threats: Citizenship Under Attack?

Head Of State Donald Trump is threatening to strip people of their united state citizenship, including political enemies, as his administration functions to deport people from the nation in mass numbers. On July 12, he said he was considering withdrawing comedian Rosie O’Donnell of her constitutional citizenship right– something no president can do.

Trump’s Threat to Denaturalize Citizens

Trump said he would “have to have a look” when asked whether he would think about denaturalizing Musk, that feuded with Trump over his signature costs bill. Musk was birthed in South Africa and came to be a united state person in 2002.

These acts include serving in the militaries of an additional nation “engaged in hostilities versus the United States,” accepting employment with a foreign government if it needs a statement of obligation to that nation or formally relinquishing U.S. citizenship at a consulate.

Legal Grounds for Denaturalization

The memo does not apply to citizens birthed in the united state. In 1967, the united state Supreme Court ruled that under the citizenship provision of the 14th Change, they might only lose their citizenship by willingly relinquishing it.

A lady holds a united state flag as she and candidates from 20 nations prepare to take the oath of citizenship in ceremony of Independence Day throughout a Naturalization Ceremony in San Antonio, July 3, 2025. (AP).

In restricted scenarios, such as fraudulence, the U.S. government can withdraw the citizenship of naturalized citizens– individuals that were birthed outside the U.S. and acquired united state citizenship through a legal procedure.

Fraud and Loss of Citizenship

O’Donnell relocated toIreland complying with Trump’s re-election and stated she’s looking for Irish citizenship. Mamdani, that was birthed in Uganda, became an U.S. resident in 2018.

“Denaturalization is extremely unusual and has actually taken place for people who concealed details of battle criminal offenses, Nazi subscription, criminal histories, or migration fraud such as utilizing a stolen identification,” she stated.

Constitutional Rights and Citizenship

“The Supreme Court has actually been very clear that native-born U.S. citizens can not have their citizenship stripped by the government under any type of scenarios,” stated Cassandra Burke Robertson, a Case Western Book College regulation professor who researches denaturalization.

In a June 12 Fact Social article, Trump claimed O’Donnell’s united state citizenship “is not in the very best rate of interests of our Fantastic Country” and he called her a “Threat to Humanity.” O’Donnell relocated toIreland following Trump’s re-election and stated she’s seeking Irish citizenship. (Her grandparents were born there.).

Trump has actually additionally threatened to retract former White Home adviser Elon Musk and New York City Democratic mayoral candidate Zohran Mamdani’s citizenship. Musk and Mamdani were born outside of the country and received U.S. citizenship with a lawful procedure. The process of stripping them of citizenship is recognized as denaturalization.

Robertson cited a 1958 U.S. High court case entailing a U.S.-born soldier that got away from a united state Military enclosement in Morocco before giving up to the U.S. Military the following day. The soldier was dishonorably released and stripped of his U.S. citizenship.

“Once you have American citizenship, you have a constitutional entitlement to it,” stated Eugene Volokh, a UCLA law teacher. “If you like your American citizenship, you can maintain your American citizenship– which’s with the High court’s guarantee.”.

Trump also baselessly doubted Mamdani’s citizenship claiming, “A lot of individuals are saying he’s below illegally,” and insisting his administration would certainly “consider whatever.” Mamdani, that was birthed in Uganda, came to be an U.S. resident in 2018. Rep. Andy Ogles, R-Tenn., required the Justice Department to start denaturalization proceedings against Mamdani.

The united state federal government can bill individuals with naturalization fraudulence, meaning they protected their citizenship with fraud or wilful misrepresentation or they didn’t meet qualification requirements. If founded guilty, an individual’s citizenship is instantly withdrawed.

Being founded guilty of treason versus the united state or attempting to topple the U.S. federal government forcibly, if those acts were performed with the intent of relinquishing U.S. citizenship, can additionally cause a loss of citizenship for U.S. born individuals.

Civil Action and Denaturalization Process

The 2nd method the government can seek to denaturalize a person is with a civil action. In these instances, the government claims the individual “illegally procured” citizenship, indicating they really did not meet qualification requirements.

This procedure, which is extra commonly used by the government, “does not have several constitutional securities,” Robertson stated. Individuals do not deserve to a court designated attorney, there’s no statute of constraint, no court trial, and a lower concern of proof.

The Trump management wants to seek even more of these situations, though political distinctions with Musk or Mamdani would certainly not be grounds for denaturalization. Trump’s Justice Division released a June memo routing lawyers to focus on denaturalization cases. The memo’s checklist of top priority categories included individuals who pose nationwide security worries and gang participants and a catchall group for “any kind of various other instances described the Civil Department that the Division establishes to be sufficiently crucial to go after.”.

These are criminal cases in which offenders are qualified to an attorney, Robertson stated. There’s a 10-year law of constraints and the federal government has the burden of evidence past a practical doubt, she said.

According to immigration law, there are particular acts an U.S. citizen can take that when “done voluntarily and with the intention of relinquishing U.S. race” may cause a loss of U.S. citizenship.

Trump has also intimidated to rescind former White House consultant Elon Musk and New York City Democratic mayoral candidate Zohran Mamdani’s citizenship. Musk and Mamdani were birthed outside of the nation and received U.S. citizenship via a lawful procedure. The procedure of stripping them of citizenship is called denaturalization.